The USPTO and Government Shutdowns
On Friday of last week, the longest-ever partial government shutdown came to an end — or at least, an intermission. Unpaid air traffic controllers and TSA agents received the most press, but the US Patent and Trademark Office (USPTO) also suffered under the shutdown. The USPTO, unlike other parts of the government, actually charges money for filings — and at certain times, it’s been a source of profit for the government. However, during the shutdown, the USPTO has functioned using only reserve funds comprised of the fees allotted prior to the government shutdown. That’s because without an appropriations bill the… [read more]
The Brexit Transition Is About to Begin
On January 31, 2020, the United Kingdom is scheduled to officially leave the European Union. In this post, I wanted to run through how Brexit is going to affect EU trademark filings and registrations. Here’s how things are supposed to play out: Any EU registrations in force on December 31, 2020, will automatically be transitioned to the UK register. They will be granted a UK registration number, which will be identifiable as a transition registration. Once transitioned to the UK register, a mark will maintain the original EU priority and registration dates. The transition process for EU registrations will be… [read more]
NY State SHIELD Act & Handling Private Information in a Digital World
Have you heard about New York State’s Stop Hacks and Improve Electronic Data Security (“SHIELD”) Act? Starting March 21, 2020, you should be aware of the updated rules and their obligations for businesses’ management and disposition of users’ private information: The SHIELD Act does not mandate specific safeguards but instead provides that a business will be deemed to be in compliance with the reasonableness standard set out in the Act if it implements a “data security program” that includes all of the elements enumerated in the SHIELD Act. At base you will need “reasonable” administrative, technical, and physical safeguards to… [read more]
New Rules Governing US Trademark Office Representation
A series of revisions punctuated the release of the United States Patent and Trademark Office’s (USPTO) Examination Guide 4-19 (Revised). One of the most important requirements that survived the guide’s revisions concerns the once-reciprocal arrangement allowing Canadian attorneys to file trademark applications with the USPTO. Under 4-19, Canadian attorneys can only serve alongside a US attorney: Canadian patent agents will no longer be authorized to represent Canadian trademark applicants, registrants, or parties before the USPTO in trademark matters. Canadian trademark attorneys and agents will continue, if eligible, to be recognized as additionally appointed practitioners who can represent their Canadian clients,… [read more]
Iancu v. Brunetti: Viewpoint Discrimination Struck Down
In Iancu v. Brunetti, the US Supreme Court considered the word “scandalous” as it appears in the Lanham Act, which is the trademark statute in the United States. The core issue was whether or not Erik Brunetti’s mark “FUCT” was too indecent for trademark protection. The US Patent and Trademark Office (USPTO) denied the mark on the basis of section 2(a) of the Lanham Act, which prohibits marks that are “immoral, deceptive, or scandalous.” Brunetti appealed to the Trademark Trial and Appeal Board (TTAB), which upheld the USPTO’s decision. Brunetti then appealed to the Court of Appeals in the District… [read more]
The USPTO Made a New Years’ Resolution & It Impacts You
The USPTO and Trademark Trial and Appeal Board (“TTAB”) joined the rest of us in attempting to improve with a New Year’s resolution. However, instead of already giving up on gym membership plans, the USPTO has taken 2017 by storm with an emphasis on digital efficiency, some rule changes, and everyone’s favorite, increased fees. Whether you are a seasoned practitioner, or an individual navigating the trademark tickets yourself, you should bookmark this page for reference now that January 14, 2017, rule changes are in effect. Efficiency It’s not very often that one hears the words “efficient” and “government” uttered in… [read more]
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